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Pro-EXECUTES respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Pro-EXECUTES provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove content, Pro-EXECUTES may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that Pro-EXECUTES has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Notice of Copyright Infringement: Pro-EXECUTES has implemented procedures for receiving written notification of claimed infringements. Pro-EXECUTES has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to Pro-EXECUTES Copyright Agent as follows: Fill out our online submission form to contact the Pro-EXECUTES Copyright Agent Or contact us by mail at:
Please submit your Counter-Notice to Pro-EXECUTES Copyright Agent via our online submission form or mail to the address specified above.
Claims regarding content other than copyright infringement
For issues other than copyright infringement, (e.g Trademark, False profile etc) please visit our Help Center where you’ll complete an a contact form and one of our support services shall contact you.
At Pro-EXECUTES, we believe in being clear and open about how we collect and use data related to you. In the spirit of transparency, this policy provides detailed information about how and when we use cookies. This cookie policy applies to any Pro-EXECUTES product or service that links to this policy or incorporates it by reference.
Does Pro-EXECUTES use cookies?
Yes. As described in Section 1.8 of our Privacy Policy, we use cookies and other technologies to ensure everyone who uses Pro-EXECUTES has the best possible experience. Cookies also help us keep your account safe. By continuing to visit or use our services, you are agreeing to the use of cookies and similar technologies for the purposes we describe in this policy.
What is a cookie?
A cookie is a small file placed onto your device that enables Pro-EXECUTES features and functionality. For example, cookies enable us to identify your device, secure your access to Pro-EXECUTES and our sites generally, and even help us know if someone attempts to access your account from a different device. Cookies also enable you to easily share content on Pro-EXECUTES and help us serve relevant ads to you.
When does Pro-EXECUTES place cookies?
We use cookies on our site and mobile applications. Any browser visiting these sites will receive cookies from us. We also place cookies in your browser when you visit non-Pro-EXECUTES that host our plugins or tags.
What types of cookies does Pro-EXECUTES use?
We use two types: persistent cookies and session cookies. A persistent cookie helps us recognize you as an existing user, so it's easier to return to Pro-EXECUTES or interact with our services without signing in again. After you sign in, a persistent cookie stays in your browser and will be read by Pro-EXECUTES when you return to one of our sites or a partner site that uses our services. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
What are cookies used for?
Cookies can be used to recognize you when you visit Pro-EXECUTES, remember your preferences, and give you a personalized experience that's in line with your settings. Cookies also make your interactions with Pro-EXECUTES faster and more secure. Additionally, cookies allow us to bring you advertising both on and off the Pro-EXECUTESs, and bring customized features to you through Pro-EXECUTES plugins such as our "Share" button.
| Categories of Use | Description |
|---|---|
| Authentication | If you're signed in to Pro-EXECUTES, cookies help us show you the right information and personalize your experience. |
| Security | We use cookies to enable and support our security features, and to help us detect malicious activity and violations of our User Agreement. |
| Preferences, features and services | Cookies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms on Pro-EXECUTES more easily. They also provide you with features, insights, and customized content in conjunction with our plugins. You can learn more about plugins in our Privacy Policy. |
| Advertising | We may use cookies to show you relevant advertising both on and off the Pro-EXECUTES. We may also use a cookie to learn whether someone who saw an ad on Pro-EXECUTES later visited and took an action (e.g. downloaded a white paper or made a purchase) on the advertiser's site. Similarly, our partners may use a cookie to determine whether we've shown an ad and how it performed, or provide us with information about how you interact with ads. We may also work with a partner to show you an ad on or off Pro-EXECUTES, such as after you've visited a partner's site or application. |
| Performance, Analytics and Research | Cookies help us learn how well our site and plugins perform in different locations. We also use cookies to understand, improve, and research products, features, and services, including when you access Pro-Filr.com from other websites, applications, or devices such as your work computer or your mobile device. |
What is Do Not Track (DNT)?
DNT is a concept that has been promoted by regulatory agencies, for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. The World Wide Web Consortium (W3C) has been working with industry groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has been made, it has been slow. No standard has been adopted to this date. As such, Pro-EXECUTES does not use "do not track" signals.
How are cookies used for advertising purposes?
Cookies and other ad technology such as beacons, pixels, and tags help us serve relevant ads to you more effectively. They also help us provide aggregated auditing, research, and reporting for advertisers, understand and improve our service, and know when content has been shown to you. Note: Because your web browser may request advertisements and beacons directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site. If you are logged in on Pro-EXECUTES.com, or another Service that references this Cookie Policy or browsing a third party partner site of Pro-EXECUTES and one of our cookies on your device identifies you, your usage (such as your browsing behavior) and log data (such as your IP address), will be associated by us with your account as noted in Section 1.6 of our Privacy Policy. We also use aggregate data from third parties and data from your profile and Pro-EXECUTES activity.
If you are a Pro-EXECUTES member but logged out of your account on a browser, Pro-EXECUTES may still continue to log your interaction with our services on that browser for up to 30 days in order to generate usage analytics for our services, which analytics we may share in aggregate form with our advertising customers.
Unless you clear these cookies from your browser, we may use this information to:
What third-party cookies does Pro-Filr.com use?
Our cookie table lists some of the third party cookies on our sites. Please note that the names of cookies, pixels and other technologies may change over time.
Controlling cookies
Most browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience, since it will no longer be personalized to you. It may also stop you from saving customized settings like login information.
What to do if you don't want cookies to be set or want them to be removed?
If you don't want us to use cookies when you visit Pro-Filr.com, you can opt-out of some cookies on your settings page. In order for us to recognize that you have opted out of cookies, we have to place our Pro-Filr.com opt-out cookie on your device so we can know not to set other Pro-Filr.com cookies the next time you visit. If you do not want to receive cookies, you can also change your browser settings on your computer or other device you're using to access our services. If you use Pro-Filr.com without changing your browser settings, we'll assume that you're happy to receive all cookies on the Pro-Filr.com website. Most browsers also provide functionality that lets you review and erase cookies, including Pro-Filr.com cookies. Please note that the Pro-Filr.com will not work properly without cookies. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit wikipedia.org, www.allaboutcookies.org, or www.aboutcookies.org.
Other helpful resources
To learn more about advertisers' use of cookies the following links are helpful:
Introduction
We are an online professionals’ directory platform.
Our registered users (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, and find business opportunities. Content on some of our services is also visible to unregistered viewers (“Visitors”). We believe that our services allow our Members to effectively compete and achieve their full potential. The cornerstone of our business is to focus on our Members first.
We protect your personal information using industry-standard safeguards.
We may share your information with your consent or as required by law, and we will always let you know when we make significant changes to this Privacy Policy.
Maintaining your trust is our top priority, so we adhere to the following principles to protect your privacy:
This Privacy Policy applies to Pro-EXECUTES and the mobile application, We may modify this Privacy Policy from time to time, and if we make material changes to it, we will provide notice through our Service, or by other means so that you may review the changes before you continue to use our Services. If you object to any changes, you may close your account. Continuing to use our Services after we publish or communicate a notice about any changes to this Privacy Policy means that you are consenting to the changes.
Our Privacy Policy applies to any Member or Visitor. We collect information when you use our Services to offer you a personalized and relevant experience, including growing your network and enabling business opportunities.
The personal information provided to or collected by our Services is controlled by Pro-EXECUTES Inc, 10 George St. North, Brampton. ON L6X 1R2 Canada in respective of your location.
If you have any concern about providing information to us or having such information displayed on our Services or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you should not become a Member, visit our websites, apps or otherwise use our Services. If you have already registered, you can close your accounts. We collect your personal information in the following ways:
When you create an account with us, we collect information (including your name, email address, and password). To create an account on Pro-EXECUTES, you must provide us with at least your name, email address and/or mobile number, and a password and agree to our User Agreement and this Privacy Policy, which governs how we treat your information. You may provide additional information during the registration flow (for example, your postal code, job title, and company) to help you build your profile and to provide you more customized services (for example: language-specific profile pages, updates, content, more relevant ads and opportunities). You understand that, by creating an account, we and others will be able to identify you by your Pro-EXECUTES profile. We may also ask for your credit card details if you purchase certain additional services.
We collect information when you fill out a profile. A complete Pro-EXECUTES profile that includes professional details – like your job title, education, and skills – helps you get found by other people for opportunities. After you create an account, you may choose to provide additional information on your Pro-EXECUTES profile, such as descriptions of your skills, professional experience, and educational background. You can list honors, awards, professional affiliations, Group memberships, networking objectives, companies or individuals that you follow, and other information including content. Subject to the settings you choose, your connections may provide recommendations and endorsements of you. Providing additional information enables you to derive more benefit from our Services by helping you express your professional identity; find other professionals, opportunities, and information; and help business opportunities find you. It also enables us to serve you ads and other relevant content on and off of our Services.
We collect information when you sync non-Pro-EXECUTES content – like your email address book, mobile device contacts, or calendar – with your account. You can remove your address book and any other synced information whenever you like.
You may use our address book or “contacts” importer (or other similar features) to upload your address book into our Services. We store this information (including phone numbers) and use it to help you manage and leverage your contacts in connection with our Services. We also use this information to enhance your experience with our Services by helping you to grow your network by: identifying your contacts that are already Members of our Services; providing a template to send invitations on your behalf to your contacts that are not Members; and suggesting people you may know (even if not in your contacts) but are not yet connected with you on our Services (as we may infer from your shared connections or shared managers, employers, educational institutions and other such factors). We may also use this information to show you and other Members that you share the same uploaded contacts who may or may not be Members.
Please note that when you send an invitation to connect to another individual on our Service (a “connection”) or to join our Service to connect with you, that person may have access to your email address or, for SMS invitations, mobile number because it may be displayed in the invitation. After sending these invitations, we may also remind your invitees of your invitation on your behalf. Your Pro-EXECUTES connections will also have access to your email address.
We make other tools available to sync information with our Services, and may also develop additional features that allow Members to use their account in conjunction with other third-party services. For example, our mobile applications allow you to sync your device’s calendar, email and/or contacts apps with our Services to show you the Pro-EXECUTES profiles of meeting attendees, email correspondents and/or your contacts.
Another example are software tools that allow you to see our and other public information about the people you email or meet with and leverage our Services to help you gain insights from and grow your network. If you grant these products (mobile applications or our other Services that sync external email and calendar services, such as “Pro-EXECUTES Links”) permission to access your email and calendar accounts, they will access and may store some of your email header and calendar history information. Our products that sync with external email services may also temporarily cache message content for performance reasons, in a way that is unreadable by us and our service providers.
Any information that you upload or sync with our Services is covered by the User Agreement and this Privacy Policy. You can remove your information at your convenience using the features we make available or in accordance with Section 3. You can remove your address book and any other synced information at any time.
We collect information when you contact us for customer support.
When you contact our customer support services (e.g. on our Help & Feedback), we may have to access your Intra-Mails, Groups/Forum and other contributions to our Services and collect the information we need to categorize your question, respond to it, and, if applicable, investigate any breach of our User Agreement or this Privacy Policy. We also use this information to track potential problems and trends and customize our support responses to better serve you. We do not use this information for advertising
We collect information when you visit our Services (i.e. Pro-EXECUTES), use our mobile applications, and interact with advertising on and off our Services.
We collect information when you use (whether as a Member or a Visitor) our websites, applications, our platform technology (such as “Share on Pro-EXECUTES” plugins for publishers) or other Services. For example, we collect information when you view or click on ads on and off our Services, perform a search, import your address book, join and participate in Groups/Forum, participate in polls, install one of our mobile applications. If you are logged in on Pro-EXECUTES.com.com, or another Service or one of our cookies on your device identifies you, your usage information and the log data described in Section 1.10 of this policy, such as your IP address, will be associated by us with your account. Even if you’re not logged into a Service, we log information about devices used to access our Services, including IP address.
We collect information when you use your account to sign in to other sites or services, and when you view web pages that include our plugins and cookies.
You allow us to receive information when you use your account to log in to a third-party website or application. Also, when you visit a third-party site that embeds our social plugins (such as “Share on Pro-EXECUTES” for publishers) we receive information that those pages have loaded in your web browser. If you are logged in as a Member when you visit sites with our plugins, we use this information to recommend tailored content to you. We will use this information to personalize the functionality we provide on third-party sites, including providing you insights from your professional network and allowing you to share information with your network. Our retention of this data is addressed in Section 3.2. We may provide reports containing aggregated impression information to companies hosting our plugins and similar technologies to help them measure traffic to their websites, but no personal data.
You also allow us to receive information about your visits and interaction with the sites and services of our partners that include our cookies and similar technologies, unless you opt out. If you are not a Member, we rely on the online terms between you and our partners.
We use cookies and similar technologies to collect information.
As described in our Cookie Policy, we use cookies and similar technologies, including mobile application identifiers, to help us recognize you across different Services, learn about your interests both on and off our Services, improve your experience, increase security, measure use and effectiveness of our Services, and serve advertising. You can control cookies through your browser settings and other tools. By visiting our Services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this Privacy Policy, which incorporates by reference our Cookie Policy.
We use advertising technologies and web beacons to collect information. We give you a number of ways to opt out of targeted ads, including through the Ad Choices icon shown with any ads we serve on third-party sites. If you do not want us to track your behavior on third-party sites, you can opt out. If you do not opt out, you consent to our use of beacons and other advertising technologies. We target (and measure the performance of) ads to Members, Visitors and others both on and off of our Services through a variety of ad networks and ad exchanges, using the following, whether separately or combined:
Advertising technologies on and off of our Services, like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms;
Member-provided profile and contact information and categories (for example, “product managers in Texas”);
Information inferred from a Member‘s profile (for example, using job titles to infer age, industry, seniority, and compensation bracket; or names to infer gender);
Information from 3rd parties (e.g. advertising partners, publishers and data aggregators) which we use in addition to the information from our cookies (and similar technologies), your profile and use of our Services.
We do not share your personal information with any third-party advertisers or ad networks for advertising without your separate permission. Note that, as described in Section 2.6, your profile is visible to other Members and through public search depending on your settings. Also, advertising partners may associate personal information collected by the advertiser directly from you with our cookies and similar technologies. In such instances, we contractually require such advertisers to obtain your explicit opt-in consent before doing so.
We may show you sponsored content in your network update stream (NUS), which will be designated as sponsored content and will behave like other NUS updates. If you take social action (for example, if you “like” or “comment” on the sponsored content), your action may be seen by your network and other Members who are shown the sponsored content after you have acted on it.
We adhere to self-regulatory principles for interest based advertising. If you wish to not receive targeted ads from most third party companies, you may opt-out as described here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads or targeted ads by companies not listed with these opt-out tools. You can also opt out specifically from our use of cookies and similar technologies to track your behavior on third party sites. For non-Members, this opt out setting is here.
We collect information from the devices and networks that you use to access our Services.
When you visit or leave our Services (whether as a Member or Visitor) by clicking a hyperlink or when you view a third-party site that includes our plugin or cookies (or similar technology), we automatically receive the URL of the site from which you came or the one to which you are directed. Also, advertisers receive the URL of the page that you are on when you click an ad on or through our Services. We also receive the internet protocol (“IP”) address of your computer or the proxy server that you use to access the web, your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing Pro-EXECUTES using a mobile device), and the name of your ISP or your mobile carrier. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information on our mobile applications and for fraud prevention and security purposes. Most mobile devices allow you to prevent real time location data being sent to us, and of course we will honor your settings.
In the case of our Android apps, you will be provided notice of the types of data (e.g. location) that will be sent to us. If you choose to use our app after this notice, we process this data to enable registration or preview product features for you (e.g. jobs near you). If you choose not to become a Member, we will delete this information.
We are constantly innovating to improve our Services, which means we may create new ways to collect information on the Services.
Our Services are a dynamic, innovative environment, which means we are always seeking to improve the Services we offer you. We often introduce new features, some of which may result in the collection of new information (for example, Validation of Profile information, we began collecting information about skills for which Members were validated and the profile of individuals who validated them). Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information. If we start collecting substantially new types of personal information and materially change how we handle your data, we will modify this Privacy Policy and notify you in accordance with Section 4.3.
You agree that information you provide on your profile can be seen by others and used by us as described in this Privacy Policy and our User Agreement.
The personal information that you provide to us may reveal or allow others to identify aspects of your life that are not expressly stated on your profile (for example, your picture or your name may reveal your gender). By providing personal information to us when you create or update your account and profile, you are expressly and voluntarily accepting the terms and conditions of our User Agreement and freely accepting and agreeing to our processing of your personal information in ways set out by this Privacy Policy. Supplying to us any information deemed “sensitive” by applicable law is entirely voluntary on your part. You can withdraw or modify your consent to our collection and processing of the information you provide at any time, in accordance with the terms of this Privacy Policy and the User Agreement, by changing your account settings or your profile on Pro-EXECUTES or by closing your Pro-EXECUTES accounts.
We communicate with you using Pro-EXECUTES messaging, email, and other ways available to us. We may send you messages relating to the availability of the Services, security, or other service-related issues. We also may send promotional Intra-Mail messages to your Pro-EXECUTES inbox. You can change your email settings at any time.
We communicate with you through email, notices posted on the Pro-EXECUTES websites or apps, messages to your Pro-EXECUTES Intra-Message inbox, and other means available through the Services, including mobile text messages and push notifications. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use our Services, new features, updates about other Members you are connected to and their actions, etc.; (2) service communications - these will cover service availability, security, and other issues about the functioning of our Services; (3) promotional communications - these include both email and Intra-Mail messages (Intra-Mail messages are only delivered to your Pro-EXECUTES InBox), and may contain promotional information directly or on behalf of our partners, including business opportunities. These messages will be sent to you based on your profile information and messaging preferences. We track the open rate of your Intra-Mails to provide your Intra-Mail acceptance score. You may change your email and contact preferences at any time by signing into your account and changing your Pro-EXECUTES email settings. You can also opt out of promotional messages by sending a request to Pro-EXECUTES Help Center.
Please be aware that you cannot opt out of receiving service messages from us.
With certain communications you send on our Services, the recipient can see your name, email address, and some network information.
Many communications that you initiate through our Services (for example, an invitation sent to a non-Member) will list your name and primary email address in the header of the message. Messages you initiate may also provide the recipient with aggregate information about your network (for example, how many people are in your network). Other communications that you initiate through the Services, like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Once you have connected with an individual, regardless of who sent the invitation, your contact information will be shared with that individual.
We use automatic scanning technology to help protect you and other Members. Such technology checks links and other content in your Intra-Mails, network updates and Group contributions to help us identify and block malicious links and malware, reduce spam and optimize the delivery of our Services.
We use the information and content you provide to us to conduct research and development and to customize your experience and try to make it relevant and useful to you.
We use information and content that you and other Members provide to us to conduct research and development for the improvement of our Services in order to provide you and other Members and Visitors with a better, more intuitive experience and drive membership growth and engagement on our Services and to help connect professionals to economic opportunity.
We also customize your experience and the experiences of others on our Services. For example, when you sign in to your account, we may display the names and photos of new Members who have recently joined your network or recent updates from your connections and companies you follow. We try to show you content, such as news and presentations, that is relevant to you, your industry, or your profession. We also use Members information and content for invitations and communications promoting our Services that are tailored to the recipient.
We share your information across our different Services, among companies in the Pro-EXECUTES family.
We may share your personal information with our affiliates (meaning entities controlled by, controlling or under common control with Pro-EXECUTES) outside of the Pro-EXECUTES entity that is your data controller (for example, Pro-EXECUTES Inc. may share your information with Pro-EXECUTES Limited, or other Pro-EXECUTES operating entities) as reasonably necessary to provide the Services. You are consenting to this sharing.
Any information you put on your profile and any content you post on Pro-EXECUTES may be seen by others.
We don’t provide any of your non-public information (like your email address) to third parties without your consent, unless required by law, or as described in Sections 2.6 and 2.14 of this Policy.
Other people may find your Pro-EXECUTES profile information through search engines (you can choose which parts of your public profile are accessible to public search engines in your settings), or use services like Twitter in conjunction with your Pro-EXECUTES account.
We offer a “public profile” feature that allows you as a Member to publish portions of your professional profile to the public Internet. This public profile will be indexed and displayed through public search engines when someone searches for your name. You may choose the parts of your profile that search engines index or completely opt out of this feature in your Pro-EXECUTES account settings. However, third-party search engines may not automatically update their caches, which may contain old public profile information. Unless you delete them, your profiles on Pro-EXECUTES and our corresponding app are always viewable on the respective Services.
The display of your professional profile to other Members depends on your degree of connection with the viewing Member, the subscriptions they may have, their usage of the Services, access channels and search types (e.g. by name or by keyword). For example, first degree connections can see your full profile and contact information. Others have more limited access, as detailed in our Help Center. Please note that classic subscribers can see your full profile even if you did not approve their Intra-Mail.
We do not rent or sell personal information that you have not posted on our Services, except as described in this Privacy Policy. We will not disclose personal information that is not published to your profile or generated through engagement with our other services, such as Groups/Forum and Company Pages, except to carry out your instructions (for example, to process payment information) or unless we have your separate consent, unless we have a good faith belief that disclosure is permitted by law or is reasonably necessary to: (1) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Privacy Policy or our User Agreement; (3) respond to claims of a violation of the rights of third parties; (4) respond to Member service inquiries; or (5) protect the rights, property, or safety of Pro-EXECUTES, our Services, our Members, Visitors, or the public. See Section 2.14 for additional details about our compliance with legal requests for information.
We support middleware providers that offer archiving solutions to firms subject to legal and regulatory archiving requirements, which, with your permission, facilitate the archiving of your communications and other activity by a third party for compliance purposes. Content distributed through our sharing features and third-party integrations may result in displaying some of your personal information outside of our Services. For example, when you post content to a Group that is open for public discussion, your content, including your name as the contributor, may be displayed in search engine results.
Also, if you have opted to bind any of your Service accounts to your Twitter, Facebook or other similar account, you can easily share content from our Services to these third party services, in accordance with your account settings (which you may change at any time) and respective policies of these third parties. Further, we allow third parties to look-up profile information (subject to your privacy settings) using your email address or first and last name information through its profile API (see Section 2.7 below).
Third parties (for example, your email provider) may give you the option to upload certain information in your contacts stored with us onto their own service. If you choose to share your contacts in this way, you will be granting your third party provider the right to store, access, disclose and use these contacts in the ways described in such third party's terms and privacy policy.
We work with developers to build Platform Applications using our developer tools. Whether you use Platform Applications is up to you.
If you have given a Platform Application access to your Pro-EXECUTES account, you can revoke that permission anytime. Also, you can opt out of providing information to developers through your connections.
We collaborate with and allow third parties to use our developer platform to offer services and functionality in conjunction with our Services. These third-party developers have either negotiated an agreement to use our platform technology or have agreed to our self-service API and Plugin terms in order to build applications (“Platform Applications”). Both the negotiated agreements and our API and Plugin terms contain restrictions on how third parties may access, store, and use the personal information you provide to us.
If you choose to use a Platform Application, you will be asked to confirm acceptance of the privacy policy and user agreement of the third-party developer. To revoke permission granted to a Platform Application, please visit your settings. Note, however, that even if you revoke the permission granted to a Platform Application, your connections may still be using the Platform Application, so the Platform Application may still have access to certain information about you, just as your connections do. You may opt out of providing information to third-party developers through your connections by accessing the “Turn on/off data sharing with third-party applications” control in the “Groups/Forum, Companies, and Applications” tab under settings.
We conduct our own surveys and polls and also help third parties do this type of research. Your participation in surveys or polls is up to you. You may also opt out of getting invitations to participate in surveys.
Polls and Surveys may be conducted by us, Members, or third parties. Some third parties may target advertisements to you on the results page based on your answers in the poll. We or third parties may follow up with you via Intra-Mail regarding your participation unless you have opted out of receiving Intra-Mail messages. We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide personal information to the third party fulfilling the incentive offer, which will be used only for the purpose of delivering incentives and verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive. Your consent to use any personal information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
Our Services help you search for other professionals, companies, Groups/Forum, professional content, and opportunities.
You can search for Members, business opportunities, information about companies, and community content from Groups/Forum on our Services. For example, you can find Members with particular expertise or experience, or Members that you may know from your industry or profession. You can also find business opportunities and information about companies. We use personal information from our Services, including Member profiles, Groups/Forum content, and Company Pages, to inform and refine our search service.
You are responsible for any information you post on our Services, and this content will be accessible to others. If you participate in Groups/Forum, share content on your network update stream, or import a blog or other content, you should be aware that any information you choose to disclose using these services can be read, collected, and used by other Members in these forums, developers, and other third parties, including advertisers. We are not responsible for the information you choose to submit in these forums. Your Groups/Forum contributions are typically searchable on our Services and some content in Groups/Forum may be public and searchable on the Internet if the group owner has not closed the group for public discussions. You can identify closed Groups/Forum by the padlock icon next to the group name. You can remove your Groups/Forum posts at any time. However, others may have copied and used the information that you shared.
If you provide any testimonials about our goods or services or place advertisements through the Pro-EXECUTES Ads, we may post those testimonials and examples of advertisements you place in connection with our promotion of these services to third parties. Testimonials and advertisements may include your name and other personal information that you have provided. For more information about Pro-EXECUTES Ads, please see the Pro-EXECUTES Ads Terms of Use.
It is possible that we may need to disclose personal information, profile information, or information about your activities as a Member or Visitor when required by law, subpoena, or other legal process, whether in the United States, Ireland, or other jurisdictions, or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce the User Agreement, investigate and defend ourselves against any third-party claims or allegations, or protect the security or integrity of our Service; or (3) exercise or protect the rights, property, or safety of Pro-EXECUTES, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. In light of our principles, we may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand. To find out more about how we engage with government requests for data see our Law Enforcement Data Request Guidelines.
If there is a change in control or sale of all or part of Pro-EXECUTES, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy.
We may also disclose your personal information to a third party as part of a sale of the assets of Pro-EXECUTES., a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which we transfers or sells our assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy.
We may employ third parties to help us with the Services
We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to Pro-EXECUTES. not to disclose or use it for other purposes.
We may process your information outside the country where you live. We may transfer your information and process it outside your country of residence, wherever Pro-EXECUTES its affiliates and service providers operate.
You can change your Pro-EXECUTES information at any time by editing your profile, deleting content that you have posted, or by closing your account. You can also ask us for additional information we may have about your account.
You have a right to (1) access, modify, correct, or delete your personal information controlled by Pro-EXECUTES regarding your profile, (2) change or remove your content, and (3) close your account. You can request your personal information that is not viewable on your profile or readily accessible to you (for example, your IP access logs) through Pro-EXECUTES‘s Help Center. If you close your account(s), your information will generally be removed from the Service within 24 hours. We generally delete closed account information and will de-personalize any logs or other backup information through the deletion process within 30 days of account closure, except as noted below.
Please note: Information you have shared with others (for example, through Intra-Mail, network updates, content sharing, or Groups/Forum) or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile. Groups/Forum content associated with closed accounts will show an unknown user as the source. In addition, you may not be able to access, correct, or eliminate any information about you that other Members copied or exported out of our Services, because this information may not be in our control. Your public profile may be displayed in search engine results until the search engine refreshes its cache.
We keep your information for as long as your account is active or as needed. For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this agreement.
We retain the personal information you provide while your account is in existence or as needed to provide you services. We may retain your personal information even after you have closed your account if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between Members, prevent fraud and abuse, or enforce this Privacy Policy and our User Agreement. We may retain personal information, for a limited period of time, if requested by law enforcement. Our Customer Service may retain information for as long as is necessary to provide support-related reporting and trend analysis only, but we generally delete or de-personalize closed account data consistent with Section 3.1., except in the case of our plugin impression data (i.e., the information that you visited on sites carrying our social plugin, but which you did not click on), which we de-personalize within 7 days (although we do maintain 30 days worth of webserver logs for security, debugging, and site stability purposes only) by creating aggregate data sets that cannot be traced back to individuals.
You have to meet Pro-EXECUTES minimum age requirements to create an account.
Visit our Safety Center for tips on using Pro-EXECUTES smartly and securely.
As described in Section 2.1 of the User Agreement, persons must be of Minimum Age to use Pro-EXECUTES. Please visit our Safety Center for additional information about safely using our Services.
We will notify you when we change this Privacy Policy.
We may change this Privacy Policy from time to time. If we make significant changes in the way we treat your personal information, or to the Privacy Policy, we will provide notice to you on the Services or by some other means, such as email. Please review the changes carefully. If you agree to the changes, simply continue to use our Services. If you object to any of the changes to our terms and you no longer wish to use our Services, you may close your account(s). Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Using our Services after a notice of changes has been communicated to you or published on our Services shall constitute consent to the changed terms or practices.
We take privacy and security seriously and have enabled HTTPS access to our site (turn on HTTPS), in addition to existing SSL access over mobile devices. Also, please know that the Internet is not a secure environment, so be careful and select strong passwords.
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on our Services is password-protected, and data such as credit card information is protected by SSL encryption when it is exchanged between your web browser and the Services. We also offer secure https access to the Pro-EXECUTES website. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Members are not encrypted, and we strongly advise you not to communicate any confidential information through these means. Please help keep your account safe by using a strong password.
Clients (Patron) - Request for any of our services by clients (or patrons) are governed by a different term of use based on the services requested and would be provided at the point of service delivery.
Collaborators - If you choose to use any of the online services of the Pro-EXECUTES as a Collaborator, your use will be subject to both the Solution terms for the particular online service you use, plus the General Terms applicable to all solutions.
ATTENTION USERS OF PRO-EXECUTES. The Pro-EXECUTES and the Pro-filr.com are separate services. However, Pro-EXECUTES membership requires you to be a paid user of Pro-filr.com
Prerequisite Rule. To receive Lead Services as Collaborators, you must be a member of the Pro-filr.com in good standing. In good standing means that you are Paid (Classic) users of Pro-filr.com
Terms Applicable to Lead Services. Your continuous receiving of lead services is subject to strict compliance with posted guidelines, additional terms, or plan details applicable to such lead, the leads will be made available to You when You subscribe to, register for, for our Lead services as a collaborator
Where Fees applies to Lead Services.
Leads Services Operational Limits. Provision of Leads Services is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You also acknowledge that Pro-EXECUTES may establish policies and limits concerning use of the Leads Services. You understand and agree that temporary interruptions of the Leads Services may occur as normal events in the provision of the Leads Services and that Pro-EXECUTES is not liable for such interruptions. You further understand and agree that Pro-EXECUTES has no control over third party networks You may access in the course of Your use of the Leads Services, and therefore, delays and disruptions of other network transmissions are beyond the control of Pro-EXECUTES
Modifications to Leads Services. Pro-EXECUTES reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Leads Services (or any function or feature of the Leads Services or any part thereof) with or without notice. You agree that Pro-EXECUTES can completely discontinues the Leads Services as to You without any recourse.
Survival. Deletion of Data shall survive any termination of this Agreement.
Please note that this (General Terms) is applicable to all Collaborators.
The terms in Section I (Solution Terms) applies only if you are using the applicable Online Service.
A. General. These Terms of Use (the "Agreement") describe the terms and conditions applicable to Your company's ("You", "Your") access of and use of the Online Services, as well as Pro-filr's obligations with respect thereto. Your access or use of the Online Services ("Online Services Use") is strictly subject to Your compliance with the Agreement (as updated periodically) and Pro-EXECUTES then-current policies applicable to the Online Services. "Online Services" means the services made available to You online, in which You enroll and/or use (for example, if You use only the Pro-EXECUTES Sourcing service as a Collaborator, then as to You the Online Services means only Pro-EXECUTES Sourcing). Your use of an Online Service constitutes your agreement to be bound by this Agreement. If you do not agree with the terms of this Agreement, then do not use the Online Services. By entering this Agreement, You represent and warrant that you are authorized to do so for your company. You should review these terms periodically, and each use of the Online Service is subject to the then-current form of the Agreement.
B. Eligibility to Use the Online Services. The Online Services are available only to registered users of the applicable Online Services. By accepting the TOU, you acknowledge that your profile information will become part of the Pro-EXECUTES Collaborator database. Pro-EXECUTES retains the sole right and discretion to decide whether You may register for or use any Online Service. No consumer shall act as a user of the Online Services.
C. Data Confidentiality.
a. Your Data. Pro-EXECUTES understands the sensitive nature of the Data and other information you may send to the Online Service and data you receive from us via the Online Services, and Pro-EXECUTES therefore agrees to handle and protect Data pursuant to the commitments described in this Agreement. Pro-EXECUTES agrees to use reasonable efforts to maintain, safeguard, and not use or disclose Your Data except as needed to facilitate Your Use of the Online Services or otherwise to perform services under this Agreement, as further described in the Pro-EXECUTES Data Policy and Privacy Statement, which is incorporated into this Agreement. The term "Data" shall means profile information, transaction and other data You send to the Online Services, promotional information, transaction data/details, customer lists, data You maintain about Your customers and Collaborators, Personal Data, marketing information, product mix, sales mix or related information. The Data Processing Agreement (Pro-EXECUTES Network services) found here is hereby incorporated into this Agreement, and shall control, as applicable, if there is a conflict between it and the Pro-EXECUTES Data Policy and Privacy Statement. You may contact Pro-EXECUTES for a signed copy of the Data Processing Agreement exhibit if necessary for your local law compliance.
b. Your Use of Other Users' Information. In order to facilitate interaction among users of the Online Services, You may be allowed to access certain information about other users of the Online Services. By entering into this Agreement, You agree to treat information about other users of the Online Services in strict accordance with the Agreement and to the restrictions on the types of data you may submit to the Online Services as stated in the Pro-EXECUTES Data Policy and Privacy Statement In all cases, You must give such users an opportunity to request to be removed from Your database and a chance to review what information You have collected about them. In addition, under no circumstances, except as described in this section, You agree to only disclose personally identifiable information about another user to any third party if you have the written consent of such user.
c. Confidentiality of Pro-EXECUTES Information. Information (but not Your Data) about the processing capabilities of the Online Services, the technology or interface features of the Online Services, and the notices and updates sent by Pro-EXECUTES to You are proprietary and confidential information of Pro-EXECUTES and You hereby agree not to share such information with third parties or use such information except to support Your Use of the Online Services.
d. Exceptions. The restrictions on disclosure or usage of information contained in this section will not apply to information that
(i) is already known to a party prior to disclosure by the other party;
(ii) is or becomes a matter of public knowledge through no fault of the receiving party;
(iii) is rightfully received from a third party without a duty of confidentiality;
(iv) is independently developed by the receiving party;
(v) is disclosed under operation of law (i.e., in response to a subpoena, governmental or regulatory request, or the like); or
(vi) is disclosed by a party with the other party's prior written approval.
D. Your Registration and Sign-up Obligations. All information that You provide to Pro-EXECUTES must be accurate (e.g., Your name, address, etc, whether or not supplied during the registration process. The Company Name you provide must be an actual legal entity, be associated with the Tax ID and/or DUNS numbers you provide and must have operations at the address you provide. You are responsible for keeping such information up-to-date and must provide changes promptly to Pro-EXECUTES by logging in to Your account and providing the correct information to Pro-EXECUTES.
E. Pro-EXECUTES Data Protection. Pro-EXECUTES usage and disclosure of information You supply as part of the registration process is subject to the Pro-EXECUTES Data Policy and Privacy Statement and the Data Processing Exhibit (Pro-EXECUTES Network Services). Pro-EXECUTES adheres to,and is audited by independent third party auditors for compliance with industry data handling standards and related Service Organization Control ("SOC") standards, GAPP, and PCI or equivalent standards. If there are any fees applicable to Your use of the Online Services (as described in section II.U below, if applicable to you), Pro-EXECUTES will collect information relating to billing You (data required for calculating a proper bill is referred to as "Billing Data"). Pro-EXECUTES shall not disclose Billing Data to third parties or use the Billing Data, except that Pro-EXECUTES shall have the right (i) to use the Billing Data as necessary to perform under this Agreement and any Leads Services and charge You as described in this Agreement (including disclosing the Billing Data to third parties providing Leads Services requested by You or processing the billing for Pro-EXECUTES); (ii) to maintain the Billing Data as long as necessary or as required by law and used internally for record keeping, internal reporting, and support purposes, which may include transfer to an SAP Affiliate's IT systems for processing (such SAP Affiliate system may be in a country other than the country in which the Pro-EXECUTES Network system is hosted); and (iii) to provide the Billing Data as required by law or court order, or to defend Pro-EXECUTES rights in a legal dispute. Note that if You provide a "Business Contact," that person's name, phone and email address will be visible to other organizations using the Online Services. By using the Pro-EXECUTES Network, your profile (but not your transactions) will be visible to other users, unless you configure your account otherwise.
F. Involvement with Third Parties.
a. Links to Third Party Sites. The Online Services may allow access to other websites. These linked sites are not under the control of Pro-EXECUTES, and Pro-EXECUTES is not responsible for the contents of any linked site. Pro-EXECUTES provides links only as a convenience, and such inclusion of any link does not imply endorsement by Pro-EXECUTES of the site or any part of its contents.
b. Items of Third Parties. Some Online Services allow users to make or process transactions for Items ("Transactions"), and may allow users to upload or route various information including but not limited to information on Items or information relating to proposed or actual Transactions ("Content"). You acknowledge that, except for Items clearly identified as being those of Pro-filr, Pro-EXECUTES does not operate, control or endorse any Items listed on the Online Services or processed by the Online Services. Except for Pro-EXECUTES Items. "Items" means all products, services, or information posted on the Online Services. Except as to a Transaction involving an Pro-EXECUTES Item, or any claim, loss, or liability caused by Pro-EXECUTES, You agree to indemnify and hold harmless Pro-EXECUTES from any and all claims, losses, liabilities, and damages relating to Transactions by You and also for all liability or damages relating to Content you uploaded to the Online Services.
G. System Integrity, Data Integrity, Data Storage.
a. System Integrity. Concerning Your Use of the Online Services, You agree not to knowingly:
(i) interfere with or attempt to interfere with the proper working of the Online Services;
(ii) post or transmit to the Online Services any unlawful, fraudulent, harassing, libelous, or obscene Content;
(iii) post or send to the Online Services any Content that contains a virus, bug, cancelbot, worm, Trojan Horse or other harmful item;
(iv) publish, perform, distribute, prepare derivative works, copy, or reverse engineer (except to the limited extent that applicable law prohibits a restriction on reverse engineering) the Online Services; or
(v) take any action which imposes an unreasonable or disproportionately large load on the Online Services (guidelines on appropriate load will be posted on the Online Services, and You will be notified and given an opportunity to cure if You violate this section II.G.a.(v)).
Since most Content on the Online Services will be sent to the Online Services by third parties or You, You also understand that Pro-EXECUTES cannot and does not guarantee that such Content will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. Pro-EXECUTES agrees to not knowingly post or send to the Online Services any files (i.e., files created by Pro-filr) that contain a virus, bug, cancelbot, worm, Trojan Horse or other harmful item. However, both parties understand that they cannot and do not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Online Services, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
b. Data Integrity. You are responsible for confirming the accuracy of any data You send to or receive from the Online Services, and for maintaining a means external to the Online Services for the reconstruction of lost data. Pro-EXECUTES has procedures to assist Your efforts to sure that Your Data is accurate, current, and complete. See the official documentation for the Online Services and the Pro-EXECUTES Data Policy and Privacy Statement to learn how to update Your information.
c. Storage of Data. The Online Services will allow You to access Data You send to or receive from the Online Services for a limited period of time, as described on the Online Services. If You would like to have Pro-EXECUTES make Your Data available for a longer period of time, it may be possible (depending on the particular Online Service) to subscribe to our Data Retention Service, which is an Leads Service, by signing up within your account options. You are solely responsible for saving all of Your Data. Therefore, You should take proactive measures to store Your Data within Your own computers, in order to preserve the accessibility of such Data beyond the Online Services; retention period applicable to You.
d. Security. Pro-EXECUTES agrees to utilize industry standard security methods to protect the Online Services. Currently, the Online Services and hosting facilities are audited and certified every six months by an independent, qualified, third party security assessor for SOC 1 Type II and SOC 2 Type II, under the Trust Services Principles discipline established by the AICPA, specifically Security, Availability, Processing Integrity and Confidentiality. Pro-EXECUTES reserves the right to move to a different compliance standard. Pro-EXECUTES uses reasonable efforts to scan the Online Services for Pro-filr-owned content (whether software code, data files, etc.) uploaded by Pro-EXECUTES for the detection and eradication of viruses.
e. No Load Testing without Advance Consent. You agree to not perform, without Pro-filr's advance consent, any load testing or intrusion testing on the Online Services, even if it is performed using test accounts.
f. Pro-EXECUTES Operating Policies. Pro-EXECUTES then-current Policies apply to Your use of the Online Services. "Policies" means the system-wide policies relating to the use of the Online Services (which, currently consist of the Security Disclosure, Pro-EXECUTES Data Policy and Privacy Statement, and Service Level Agreement for SAP Cloud Services available from trust. Pro-filr.com and the Data Processing Agreement (Pro-EXECUTES Network services) available
g. Actions to Prevent Risk. In order to minimize the legal risk (if any) we may face applicable to Your Use of the Online Services, Pro-EXECUTES reserves the right to take any reasonable action (subject to section II.C (Data Confidentiality)) with respect to such Use of the Online Services we deem necessary or appropriate (such as suspending or terminating Your Use of the Online Services if it causes or creates an unreasonable risk to Pro-filr and Pro-EXECUTES)
H. Limited Warranty and Disclaimer.
1. Pro-EXECUTES warrants that it has full power and authority to provide the Online Services and all related services to You and to grant You the rights granted herein.
2. Pro-EXECUTES warrants that during the period of Your Membership, the Online Service will conform in all material respects to the documentation published by Pro-EXECUTES for each such Online Service. To make a claim that an Online Service fails to comply with the warranty, You must identify the non-conformity in a written notice delivered to Pro-EXECUTES during the warranty period ("Warranty Claim Notice"). Your sole and exclusive remedy, and Professionals File Inc.'s entire liability for breach of this limited warranty, shall be correction of the warranted nonconformity in the Online Service or, if Pro-EXECUTES fails to correct the warranted nonconformity after using reasonable commercial efforts, Pro-EXECUTES will terminate access to the non-conforming Online Service and refund the unused portion of the Membership Fees for the Online Service paid by You for the remainder of the Membership term (beginning with the date of Professionals File Inc. receipt of the Warranty Claim Notice). This limited warranty shall not be valid to the extent the warranty nonconformity was caused by Your abuse, misuse, accident, alteration, or unauthorized modification or installation of the Online Service. This section II.J.2 only applies to Members that have paid the applicable Membership Fees.
3. OTHER THAN THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, THE ONLINE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL OF WHICH PRO-EXECUTESEXPRESSLY DISCLAIMS. PRO-EXECUTESMAKES NO WARRANTY (i) THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) AS TO ANY ITEMS (EXCLUDING PRO-EXECUTESITEMS) PRO-EXECUTESASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE ONLINE SERVICES OR ANY OTHER WEBSITE THAT MAY BE LINKED TO VIA THE ONLINE SERVICES. ANY CONTENT OBTAINED BY YOU THROUGH THE ONLINE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
I. LIMITATION OF LIABILITY. IN NO EVENT SHALL PRO-EXECUTESOR ITS SERVICE PROVIDERS BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA, OR LOST PROFITS OR MORAL DAMAGES, WHETHER OR NOT PRO-EXECUTESHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR ONLINE SERVICES USE, OR (B) FOR A TOTAL AND AGGREGATE LIABILITY AMOUNT UNDER THIS AGREEMENT IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES PAID BY YOU WITHIN ONE (1) YEAR PRIOR TO THE DATE OF SUCH CLAIM FOR THE APPLICABLE ONLINE SERVICES USE OR LEADS SERVICE GIVING RISE TO LIABILITY.
J. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, TO THAT EXTENT SOME OF THE ABOVE LIMITATIONS OF SECTIONS II.J AND II.K MAY NOT APPLY TO YOU
K. Termination or Suspension.
L. Compliance with Laws. Subject to the terms herein, (i) Pro-EXECUTES agrees to comply with all applicable laws, statutes, ordinances and regulations applicable to an operator of general purpose online services, and (ii) You agree to comply with all applicable laws, statutes, ordinances and regulations regarding Your Use of the Online Services and Your purchase of products or services through the Online Services, including compliance with Canada. export laws and regulations. Companies and individuals that are citizens of, or located in, or controlled or operated by an entity that is a citizen of or located in, any country subject to Canada. sanctions or embargoes prohibiting transactions with Canada. entities or otherwise prohibited by Canadian’s. law from receiving Canada. exports or importing into the Canada. ("Prohibited Country(ies)") are not permitted to register on or use the Online Services or any system operated by Pro-EXECUTES or an Pro-EXECUTES contractor. By continued Online Services use, You represent that You are not (nor is any entity that controls You) a citizen of or located in a Prohibited Country; and also that You are not (nor is any entity that controls You), prohibited from receiving Canada exports or importing into the Canada by listing on export/import denial lists published by the applicable Canadian Authorities. The foregoing provision shall survive any termination or expiration of this Agreement. In addition, by providing the Online Services for use, Pro-EXECUTES maintains compliance with Canadian and German export law in terms of its own operating locations for the services.
M. Infringement Indemnity by Pro-EXECUTES. This section II.O only applies to Members.
1. Subject to this Section II.O, Pro-EXECUTES agrees, at its own expense, to defend, indemnify, and hold You harmless from (or at Pro-filr's option, settle) any claim instituted by a third party and asserted against You that an Online Service when used in accordance with its official documentation infringe any Canada copyright, trade secret, or other proprietary right of a third party ("IP Claim"), provided that You: (a) promptly notify Pro-EXECUTES in writing of any such IP Claim; (b) permit Pro-EXECUTES to control and direct the investigation, preparation, defense and settlement of the IP Claim; and (c) assist and fully cooperate in the defense of same. Pro-EXECUTES agrees to pay any final award of damages assessed against You resulting from such IP Claim, including any awarded costs and attorneys' fees, or any settlement amount agreed to by Pro-EXECUTES in writing. Pro-EXECUTES will not be responsible for any settlement it does not approve in writing prior to such settlement.
2. Following notice of an IP Claim or any facts which may give rise to such IP Claim, Pro-EXECUTES may, in its sole discretion and at its option, (a) procure for You the right to continue to use the Online Services, (b) replace the Online Service, or (c) modify the Online Service to make it non-infringing. If Pro-EXECUTES determines that it is not commercially reasonable to perform any of these alternatives, Pro-EXECUTES shall have the option to terminate this Agreement and refund a pro-rata portion of the fees based on the period of time remaining on Your prepaid Membership Fee.
3. In no event will Pro-EXECUTES have any obligations under this Section II.O or any liability for any claim or action if the IP Claim is caused by, or results from Your combination or use of the Online Service with non-Pro-EXECUTES software or equipment, if such IP Claim would have been avoided by the non-combined or independent use of the Online Service.
4. THE FOREGOING STATES PRO-FILR'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT OR ALLEGATIONS THEREOF
N. Infringement Indemnity by You. You agree to only submit Data to an Online Service if you have a right to reproduce, disclose, and distribute such Data. You agree to defend, indemnify, and hold Pro-EXECUTE Sharmless for any third party claim brought against Pro-EXECUTES alleging that Data You submit to an Online Service infringes the intellectual property laws or rights of others ("Improper Content Claim"). In the event of an Improper Content Claim, Pro-EXECUTES shall (i) promptly notify You in writing of any such Improper Content Claim; (ii) permit You to control and direct the investigation, preparation, defense and settlement of the claim; and (iii) provide reasonable assistance and cooperate with You in the defense of same, at Your expense.
O. Relationship of Parties. Each party shall be and act as an independent contractor of the other and shall not bind nor attempt to bind the other to any contract. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by this Agreement.
P. Communicating with You. Any communication sent via email by Pro-EXECUTES to the designated contacts (either the primary or secondary contacts) You provide during the registration process or Membership sign-up process shall constitute valid notice from Pro-EXECUTES to You. You acknowledge and agree to keep Pro-EXECUTES informed in a timely manner of any change in the designated contacts or their correct email addresses. Pro-EXECUTES is entitled to rely on the validity of the contact information (email addresses, fax number, or otherwise) for the designated contacts You provide Pro-EXECUTES, even if Pro-EXECUTES receives an automated response email indicating that the email might not or did not reach its intended recipient.
Q. Your Obligations Regarding User Names, Passwords, and Data. You will be solely responsible for:
R. Claims of Copyright Infringement. Pro-EXECUTES consider itself an online service provider under Copyright Act, of the CANADA. Code and has this notice in place to address claims of copyright infringement on Pro-EXECUTES internet services. If you believe that material on an Pro-EXECUTES website or service infringes your copyright, you may submit a notification to Pro-EXECUTES designated agent to receive copyright notices:
Please provide the following information with your notification:
S. Miscellaneous. Any notice ("Notice") sent to the other party under this Agreement must be in writing and in the English language, where such Notice relates to the Agreement or other legal issues. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. You may not assign or transfer this Agreement without the prior written consent of Pro-EXECUTES. Pro-EXECUTES may assign our interest in this Agreement to any now-existing or future direct or indirect subsidiary of Professionals’ File Inc., or pursuant to any assignment of the Online Services, or any corporate sale or restructuring. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties and we agree to bind any such independent contractors or third parties to the same obligations and standards of performance contained in this Agreement. In any case, Pro-EXECUTES will retain ultimate and complete responsibility for the full performance of this Agreement, whether certain responsibilities have been delegated to any such third party, or not. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless otherwise agreed by the parties, this Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the Province of Ontario and the federal laws applicable therein, excluding its conflict of laws provisions, and without regard to the United Nations Convention on the International Sale of Goods. Any legal action or proceeding relating to this Agreement shall be instituted in a court of competent jurisdiction in Canada. Both You and Pro-EXECUTES hereby irrevocably and unconditionally undertake to take any and all steps which may be necessary in order to: (i) confer jurisdiction on the Selected Venue; and (ii) facilitate the enforcement, by a court where a party is domiciled, of any judgment given by a court in the Selected Venue. If suit is brought under this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees, court costs, and expert witness fees. This Agreement is the complete and exclusive statement and an absolute integration of the mutual understanding of the parties and supersedes and cancels all previous and contemporaneous written and oral agreements, representations, proposals, discussions and communications relating to the subject matter of this Agreement. You agree to be bound by the most current version of this Agreement that is posted on the Online Services. Terms of a purchase order submitted for fees under this Agreement will not modify the Agreement, and the content of such document shall not be binding upon either party except to reaffirm Your payment obligation under this Agreement. The English version of this Agreement shall govern in the event of any conflict or substantive translation changes in a non-English language. You acknowledge that transaction documents between you and Your trading partner can only be exchanged if both You and Your trading partner are current registered users on the Online Services and in good standing with the Online Services. Each party acknowledges that any breach by a party of the provisions of the Agreement may cause irreparable damage to the other party and that a remedy at law may be inadequate. Therefore, in addition to any and all other legal or equitable remedies, a party will be entitled to seek injunctive relief for any breach of this Agreement. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
T. Definitions. "Member" refers to a user of an Online Service which subscribes to such Online Service. "Membership" means the subscription of a Member to use a particular Online Service. "Membership Fees" means the fees Pro-EXECUTES charges a Member for a Membership. A Subscription is a form of Membership.
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